Attempted manslaughter is a significant criminal charge in Hawaii. Understanding this charge requires knowing its legal definitions, the element of the defendant’s mental state, and the potential consequences that follow a conviction under the state’s legal framework.
Understanding Attempted Manslaughter in Hawaii Law
The legal basis for an attempted crime in Hawaii is established under Hawaii Revised Statutes (HRS) §705-500.1Justia Law. Hawaii Revised Statutes § 705-500 (2024) – Criminal attempt For an act to qualify as an attempt, a person must intentionally take a “substantial step” toward the commission of a crime. This step must be strongly corroborative of the person’s criminal intent and is more than mere preparation.
The crime of manslaughter is defined in HRS §707-702.2Justia Law. Hawaii Revised Statutes § 707-702 (2024) – Manslaughter The statute outlines that a person commits manslaughter if they recklessly cause the death of another person or if they intentionally cause another person to commit suicide. A provision also allows for a murder charge to be reduced to manslaughter if the defendant acted under the influence of an extreme mental or emotional disturbance (EMED) for which there is a reasonable explanation.
Hawaii’s courts have clarified that one cannot be charged with “attempted reckless manslaughter,” finding it a logical impossibility to intentionally attempt an unintentional act. Therefore, a charge of attempted manslaughter in Hawaii is primarily viable when it stems from a situation where the defendant attempted to kill someone but can prove they acted under the influence of EMED.
The Crucial Element of Intent for Attempted Manslaughter
The defendant’s mental state is a defining element in an attempted manslaughter case. While manslaughter can be based on reckless conduct, an “attempt” requires intention. An attempt is an intentional action, while recklessness involves the disregard of a known risk, not a specific intent to bring about a result.
The path to an attempted manslaughter conviction is through the legal concept of extreme mental or emotional disturbance (EMED), which serves as a defense to a murder or attempted murder charge. If a defendant charged with attempted murder can demonstrate they were under the influence of EMED at the time of the offense, the charge can be reduced to attempted manslaughter. The reasonableness of the explanation for the disturbance is judged from the viewpoint of a person in the defendant’s situation.
This creates a distinction from the intent required for attempted murder, for which the prosecution must prove the defendant had the specific intent to kill. For attempted manslaughter via EMED, the intent to kill was present but was mitigated by a severe emotional state. The burden is on the prosecution to prove that the defendant was not acting under the influence of EMED to secure an attempted murder conviction.
Potential Penalties Upon Conviction in Hawaii
In Hawaii, manslaughter is a Class A felony. According to Hawaii Revised Statutes §705-502, a criminal attempt is an offense of the same class as the crime attempted.3Justia Law. Hawaii Revised Statutes § 705-502 (2024) – Grading of criminal attempt Therefore, a conviction for attempted manslaughter is treated as a Class A felony.
A person convicted of a Class A felony faces a potential prison term of up to 20 years and a fine of up to $50,000.4Justia Law. Hawaii Revised Statutes § 706-659 (2024) – Sentence of imprisonment for class A felony5Justia Law. Hawaii Revised Statutes § 706-640 (2024) – Authorized fines In addition to these penalties, a conviction can result in other court-ordered consequences, which may include:
- A term of probation
- Restitution to victims for financial losses
- Mandatory participation in counseling or anger management programs
- The loss of certain civil rights, such as the right to possess firearms6Justia Law. Hawaii Revised Statutes § 134-7 (2024) – Ownership, possession, or control prohibited, when; penalty
Related Charges Considered in Hawaii
When the evidence in a case does not align with the requirements for attempted manslaughter, prosecutors may consider other related charges. These charges can also be presented to a jury as lesser included offenses, giving them options if they do not believe the elements of the primary charge have been met.
One related offense is Assault in the First Degree, as defined by Hawaii Revised Statutes §707-710.7Justia Law. Hawaii Revised Statutes § 707-710 (2024) – Assault in the first degree This charge applies if a person intentionally or knowingly causes “serious bodily injury” to another and is a Class B felony. This charge might be appropriate if an individual’s actions resulted in severe harm but the evidence of an attempt to cause death is weak.
Another possibility is Assault in the Second Degree under HRS §707-711.8Justia Law. Hawaii Revised Statutes § 707-711 (2024) – Assault in the second degree This charge can apply if a person causes “substantial bodily injury” and is a Class C felony. Prosecutors might pursue this if the injuries do not meet the threshold for a first-degree assault charge.
Charges of Reckless Endangering under HRS §707-713 or HRS §707-714 could also be considered. This may apply if the defendant’s actions created a substantial risk of serious injury or death, even if the specific intent for a more severe outcome cannot be proven.